Section 61 BNS: Criminal conspiracy

Bharatiya Nyaya Sanhita, 2023

Section 61 BNS at a Glance

Section 61 BNS deals with criminal conspiracy. It replaced Sections 120A and 120B IPC on 1 July 2024.

Punishment

Section 61(1) BNS is a definition provision that creates no independent offence and prescribes no punishment. Penal consequences for criminal conspiracy are prescribed under Section 61(2) BNS.

IPC Equivalent

Section 120A →

Section 61 BNS Bare Act Text

When two or more persons agree with the common object to do, or cause to be done—

(a) an illegal act; or

(b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation.

It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Whoever is a party to a criminal conspiracy,—

(a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence;

(b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Source: Section 61, Bharatiya Nyaya Sanhita, 2023

Section 61 BNS in the IPC (Previous Law)

Section 61 BNS replaced Sections 120A and 120B IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 61 BNS

What is a criminal conspiracy under Section 61(1) BNS?▼

Under Section 61(1) BNS, a criminal conspiracy is formed when two or more persons agree with the common object to do, or cause to be done, an illegal act, or an act that is not illegal by illegal means. It does not matter whether the illegal act is the ultimate object of the agreement or is merely incidental to that object.

Can one person alone commit a criminal conspiracy under Section 61(1) BNS?▼

No, one person cannot form a criminal conspiracy alone. Section 61(1) BNS expressly requires that two or more persons agree with a common object.

Does Section 61(1) BNS require an action beyond the agreement itself?▼

If the agreement is to commit an offence, the agreement alone is enough to constitute a criminal conspiracy under Section 61(1) BNS. For any other agreement covered by the section, the proviso requires that at least one party do some act besides the agreement in pursuance of it.

Does Section 61(1) BNS prescribe any punishment for criminal conspiracy?▼

No. Section 61(1) BNS only defines what constitutes a criminal conspiracy and prescribes no punishment of its own. The punishments for being a party to a criminal conspiracy are provided in Section 61(2) BNS.

Is an actual offence necessary to punish under Section 61(2) BNS?▼

No, not always. The agreement itself can be enough if the law recognises the conspiracy and the required elements are proved. However, for some cases, the prosecution must show strong evidence of the unlawful agreement.

Under Section 61(2) BNS, how does the court prove criminal conspiracy?▼

Direct evidence is rare because conspiracies are usually secret. Courts often look at conduct, phone records, meetings, messages, and surrounding circumstances to see whether there was a real meeting of minds.

Under Section 61(2) BNS, what is the difference between conspiracy and abetment?▼

Abetment usually involves instigating, aiding, or intentionally helping an offence. Conspiracy is an agreement between persons to commit an unlawful act, and the agreement itself is the core wrong.

Has Section 61(2) BNS been replaced?▼

No. Section 61(2) BNS is the current provision in force under the Bharatiya Nyaya Sanhita (BNS), 2023, that prescribes the punishment for criminal conspiracy.

Section 61 BNS: Sub-sections Explained

Section 61(1) BNS: Definition of criminal conspiracy

▶

Bare Act Text

When two or more persons agree with the common object to do, or cause to be done—

(a) an illegal act; or

(b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation.

It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Explained in Simple Words

Section 61(1) of the Bharatiya Nyaya Sanhita (BNS) defines when an agreement between two or more persons amounts to a criminal conspiracy. It applies whenever two or more persons agree with the common object to do, or cause to be done, either an illegal act, or an act that is not illegal by illegal means.

Under the proviso to Section 61(1) BNS, an agreement to commit an offence is a criminal conspiracy by itself, even if nothing further is done. However, any other agreement covered by the section becomes a criminal conspiracy only if one or more parties to the agreement do some act besides the agreement in pursuance of it. The Explanation clarifies that it does not matter whether the illegal act is the ultimate object of the agreement or only incidental to that object.

Because Section 61(1) BNS is a definition provision, it prescribes no punishment or fine of its own. The punishment for being a party to a criminal conspiracy is set out separately in Section 61(2) BNS.

Key Ingredients

  • Agreement between two or more persons with the common object to do or cause to be done an illegal act or an act by illegal means
  • An agreement to commit an offence constitutes criminal conspiracy without requiring any overt act
  • An agreement to do an act that is not an offence requires some act besides the agreement done in pursuance of it
  • The illegal act may be the ultimate object of the agreement or merely incidental to that object

Punishment

🔒 Section 61(1) BNS is a definition provision that creates no independent offence and prescribes no punishment. Penal consequences for criminal conspiracy are prescribed under Section 61(2) BNS.

💰 Section 61(1) BNS imposes no fine of its own. Fines for criminal conspiracy are governed by Section 61(2) BNS.

Section 61(1) BNS defines criminal conspiracy and prescribes no punishment of its own. Penalties, bail, cognizance and trial court are governed by Section 61(2) BNS according to the object of the conspiracy.

Real-World Example

In Kanpur, Karan and Deepak agree with the common object to break into a locked warehouse at night and steal stored textiles. Before they purchase any tools or approach the warehouse, the police intercept their communications and apprehend them. Because their agreement was to commit an offence, the agreement constitutes a complete criminal conspiracy under Section 61(1) BNS from the moment it was formed, without any further act. They are punishable under Section 61(2) BNS. Had they agreed on something short of an offence, the agreement would have become a criminal conspiracy only once one of them did some act besides the agreement in pursuance of it.

When This Does Not Apply

  • Only one individual acted or conceived the design without any agreement with another person
  • The parties discussed a proposal but never reached an agreement to carry it out
  • The agreed object was lawful and the agreed means to achieve it were entirely lawful
  • The agreement was not to commit an offence and no party performed any act in pursuance of it

Previous Law

IPC 120A → Section 61(1) BNS

Section 120A IPC is replaced by Section 61(1) BNS. Section 61(1) BNS introduces the requirement that persons agree with the common object to do or cause to be done the specified act. The two clauses are designated as clauses a and b rather than numerical sub-clauses. In addition, the stand-alone heading Definition of criminal conspiracy is removed, with Section 61(1) BNS titled Criminal conspiracy and consolidating the definition in sub-section 1 and punishments in sub-section 2. The proviso requiring an overt act for non-offence agreements and the Explanation regarding ultimate versus incidental objects remain unchanged.

Section 61(2) BNS: Punishment of criminal conspiracy

▶

Bare Act Text

Whoever is a party to a criminal conspiracy,—

(a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence;

(b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Explained in Simple Words

Section 61(2) of the Bharatiya Nyaya Sanhita (BNS) deals with the punishment for criminal conspiracy. It applies where two or more persons agree with a common object to do an illegal act, or to do a legal act by illegal means, and the law treats the agreement itself as punishable in many situations. The section is used to fix liability even when the planned offence is not fully carried out, if the conspiracy can be proved.

In practice, this section matters because conspiracies are often secret and difficult to prove by direct evidence. Courts usually rely on circumstances, conduct, meetings, communications, and the chain of events to infer the agreement. The seriousness of punishment depends on the object of the conspiracy.

If the conspiracy is to commit a serious offence punishable with death, life imprisonment, or rigorous imprisonment for two years or more, the punishment is the same as for abetment of that offence where no express provision is made. In other cases, imprisonment may extend to six months, or fine, or both.

Key Ingredients

  • Being a party to a criminal conspiracy as defined under Section 61(1) BNS
  • Where the conspiracy is to commit an offence carrying death, imprisonment for life or rigorous imprisonment for two years or upwards, punishment as an abettor of that offence
  • Absence of express provision elsewhere in the Sanhita for the punishment of such conspiracy
  • For any other criminal conspiracy, imprisonment extending to six months, or fine, or both

Punishment

Non-Compoundable ⓘ🏛️ Court by which abetment of the offence which is the object of the conspiracy is triable; Magistrate of the first class for any other criminal conspiracy ⓘ

🔒 Punished in the same manner as if the accused had abetted the offence where the conspiracy is to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards and no express provision is made; imprisonment of either description for a term not exceeding six months for any other criminal conspiracy.

💰 Fine as provided for abetment of the object offence under the first limb; fine alone or with imprisonment under the second limb. The section sets no maximum amount.

Under Section 61(2) BNS, criminal conspiracy is punished as abetment of the object offence where the offence is punishable with death, imprisonment for life or rigorous imprisonment of two years or more. All other conspiracies carry imprisonment up to six months, or fine, or both. The serious limb follows the offence for cognizance and bail. All other conspiracies are non-cognizable, bailable and triable by a Magistrate of the first class.

Real-World Example

In Indore, Gopal, Anil and Naveen agree to rob a commercial jewellery store during daytime business hours, agreeing on specific roles including who will stand guard, who will threaten the staff, and who will drive the getaway vehicle. Police intercept the trio before they reach the venue. Robbery carries rigorous imprisonment extending to ten years and fine under Section 309(4) BNS. Because robbery was not committed, Section 56 BNS fixes the abetment punishment at imprisonment extending to two and a half years, or fine, or both. Each conspirator is therefore punishable under Section 61(2) BNS with imprisonment extending to two and a half years, or fine, or both.

When This Does Not Apply

  • There was no criminal conspiracy formed between two or more persons
  • The accused was not a party to the criminal conspiracy
  • An express statutory provision is made elsewhere in the Sanhita for punishing that specific conspiracy, which excludes the general punishment rule of the first limb

Previous Law

IPC 120B → Section 61(2) BNS

Section 120B IPC is replaced by Section 61(2) BNS. Under Section 61(2) BNS, the two former sub-sections are structured as clauses a and b of sub-section 2, with this Sanhita substituted for this Code. The statutory punishment scheme is unchanged, providing punishment in the same manner as abetment for conspiracies to commit offences punishable with death, imprisonment for life or rigorous imprisonment of two years or more, and imprisonment up to six months or fine or both for other conspiracies.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·